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Re: [tips_and_tricks] Re: outlaw judge

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  • Email41@aol.com
    In a message dated 9/10/2008 4:33:12 PM Central Daylight Time, ... In California, impersonating a judicial officer is a felony that comes with a 10,000.00 fine
    Message 1 of 9 , Sep 10, 2008
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      In a message dated 9/10/2008 4:33:12 PM Central Daylight Time, mn_chicago@... writes:


      I even argued the defacto officer is from the legislative
      branch and cannot exercise judicial powers by issuing a
      complaint.  The same argument for bail, a power of the
      court, not some municipal employee.


      In California, impersonating a judicial officer is a felony that comes with a 10,000.00 fine and 1 year in jail. You may want to come to court with a copy of a criminal complaint and tell the city attorney that if he does not charge the officer, then you will also include him in the complaint for misprison of a felony.


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    • Q
      Didn t end up in jail, even though I was in the judge s face about his outlaw court.  There is a long and interesting story here, but as I just got back
      Message 2 of 9 , Sep 11, 2008
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        Didn't end up in jail, even though I was in the "judge's" face about his outlaw court.  There is a long and interesting story here, but as I just got back from Galveston and boarding up my house, I am exhausted and have more work to do tomorrow.  Will fill everyone in over the weekend.  BTW, most of the models have Ike making landfall on my front porch, so I may not have a beach house by monday.  Pray for Eastward movement.
        Q

      • Q
        Ok, I planned on updating over the weekend, but I have been busy dealing with hurricane aftermath.  The good news is that my beach house, on the west end of
        Message 3 of 9 , Sep 18, 2008
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          Ok, I planned on updating over the weekend, but I have been busy dealing with hurricane aftermath.  The good news is that my beach house, on the west end of Galveston Island, 65 feet from the ocean, is almost completely undamaged and likely did not even get water inside. I'm going to go buy lottery tickets.
           
          To begin with, I filed motions to dismiss citing multiple violations of law and lack of jurisdiction.  Judge refused to let me argue motions, said he had already denied them in private.  I am surprised that he did let me say just about anything I wanted regarding the constitution and the law. I presented everything to the jury, showing that this trial was being held illegally, as the defective complaint did not give the court jurisdiction, also that the prosecutor was prohibited by law from also being the complainant.  I even got in a FIJA jury instruction, informing them they they had the right and responsibility to judge both the facts and the law. After all that, including seeing numerous shouting matches between me and the judge regarding him running a kangaroo court by ignoring the law, the obedient little sheep returned a guilty verdict.  A friend of mine struck up a conversation with them after court and asked how they came to their verdict.  The answer basically came to "the cop said he wasn't wearing a seat belt", even though the cop that wrote the ticket was not the one who witnessed the violation, another violation of law that was pointed out to them.  When asked about the other factors, such as the violations of law cited, the answer basically was that they didn't really understand or know about it, and the judge would have said something if that really wasn't legal.  So I have filed an appeal to county court, and am preparing a criminal complaint against the judge for violations of Penal Code 39.02, Abuse of Official Capacity and 39.03 Official Oppression.  I will present this directly to the foreman of the grand jury, but would like some critique, advice, suggestions for the best ways to move forward from here.  I know that if you ever get to the point of a trial on the merits, you've lost, but no matter how much law I threw at the judge, he didn't give a crap. County court is a bit more grown up, and they tend to obey the law a little more (but not THAT much more), so I have a better chance to prevail there.  But my goal is to get a ruling that the prosecutor is not lawful, then every case he has ever prosecuted can be called into question and overturned.  Is this really possible to do, or am I just relieving myself into the wind?
          Q
           

        • Frank M.
          ... them in private. Did you demand he produce findings of facts and conclussions of law to support his denial of your motion?? If not, you just granted him
          Message 4 of 9 , Sep 20, 2008
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            Q wrote:

            >> Judge refused to let me argue motions, said he had already denied them in private.

            Did you demand he produce  findings of facts and conclussions of law to support his denial of your motion??  If not, you just granted him latitiude to proceed unchallenged. He may have proceded anyway, BUT you at least put him in a position to have to answer either acknowledging your demand or holding sileint, which BTW is still an answer.

            >> I even got in a FIJA jury instruction, informing them they they had the right and responsibility to judge both the facts and the law.

            As much it is a "right and responsibility" (to judge both the facts and the law) sounds beautiful, BUT you must keep in mind the average joe six-pack citizen has NO CLUE as to their responsibilities concerning what FACTS to consider, nor what the LAW is. It is up to you to enter into the record, what the law says in regards to the proper requirements of a complaint or information. Telling the jury they have the the right and responsibility to judge the facts and the law, will only fall upon deaf ears, as "one cannot act logically when one is void understanding of the term".  No offense intended, but, it appears you did not do an effective job "orally articulating" your points and authorities, to the jury, as to the proper requirements commanded by the wriiten law (ie:-statutes, constitution, rules etc.) to produce the outcome you were looking for. That is why I personally, DO EVERYTHING in my power to win on paper prior to trial. Setting the record durring discovery is VITAL. Most cases are won or lost durring this period. And once/if you make it to trial, it is just a matter of orally arguing what is already on record. If you are not skilled enough to be able to explain the elements to a group of six-graders, don't expect a group of high school graduates only concerned with next week's football game schedual, to be more accomodating!  There come a point when point when tragedy reduces itself to comedy!

            >> So I have filed an appeal to county court, and am preparing a criminal complaint against the judge for violations of Penal Code 39.02, Abuse of Official Capacity and 39.03 Official Oppression.  I will present this directly to the foreman of the grand jury, but would like some critique, advice, suggestions for the best ways to move forward from here.

            A good way I stir up the perverbial hornets nest:   When I make out my criminal complaint, I file it with the district attorney, he will most likely ignore it, THEN I go file a complaint against the district attorney with the top district judge in my county, he will not want anything to do with it either, then I go file against the district  judge at the  local district magistrate, he will obviously not do anything . THEN, I write up a complaint and present it to the foreman of the grand jury and you ( should see them run about like little chicken with there heads cut off at this point LOL!) will have just implicated THEM ALL in a ongoing consiracy to commit offical oppression, misprison of a felony and secreting government documents, to name a few, not to exclude other violations of law. Lets not forget about revoking their bonds as well, that a fun one! :)).

            >> County court is a bit more grown up...

            Grown up??? Define grown up. I demand they follow their law, and I will do whatever it takes, by ANY MEANS NECESSARY to acomplish that goal. There are no rules in love or war!  It is never over til you say it's over...OR until theyattempt to put a bullet in your head. Of which case is reduced to a matter of self defense, a distinct and most basic right!

             

            "In the land of the blind, the one eyed man is king!"

            Sinccerely,

            Frank M. 

             

          • tthor.geo
            I do not know how Texas courts are structured. IF California is any indication, the first court [trial level] ONLY is conducted to establish the FACTS of
            Message 5 of 9 , Sep 20, 2008
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              I do not know how Texas 'courts' are structured.

              IF California is any indication, the first 'court [trial level] ONLY
              is conducted to establish the FACTS of the case. The appellate level
              is where one 'argues' the law as applied to those facts [a step most
              *pro pers* ignore/forego]. The appellate level is also where you can
              establish precedent [help for others in a similar situation]. You
              need to start researching the Rules for Appeals [probably in your
              State-level Rules of Court].

              Your planned expedition to the Grand Jury is way premature [and will
              be viewed as 'vindictive/'vexatious'; guess who honchos the grand
              Jury?] until you have established [at the appellate level] that the
              judge actually did something illegal [not just error(s) of
              judgment/law].

              Q <philo_farnsworth@...> wrote:
              >
              [clipped]
               
              > To begin with, I filed motions to dismiss citing multiple
              violations of law and lack of jurisdiction.  Judge refused to let me
              argue motions, said he had already denied them in private.  I am
              surprised that he did let me say just about anything I wanted
              regarding the constitution and the law. I presented everything to
              the jury, showing that this trial was being held illegally, as the
              defective complaint did not give the court jurisdiction, also that
              the prosecutor was prohibited by law from also being the
              complainant.  I even got in a FIJA jury instruction, informing them
              they they had the right and responsibility to judge both the facts
              and the law. After all that, including seeing numerous shouting
              matches between me and the judge regarding him running a kangaroo
              court by ignoring the law, the obedient little sheep returned a
              guilty verdict.  A friend of mine struck up a conversation with them
              after court and asked how they came to their
              > verdict.  The answer basically came to "the cop said he wasn't
              wearing a seat belt", even though the cop that wrote the ticket was
              not the one who witnessed the violation, another violation of law
              that was pointed out to them.  When asked about the other factors,
              such as the violations of law cited, the answer basically was that
              they didn't really understand or know about it, and the judge would
              have said something if that really wasn't legal.  So I have filed an
              appeal to county court, and am preparing a criminal complaint
              against the judge for violations of Penal Code 39.02, Abuse of
              Official Capacity and 39.03 Official Oppression.  I will present
              this directly to the foreman of the grand jury, but would like some
              critique, advice, suggestions for the best ways to move forward from
              here. 

              [clipped, a bit]
            • Q
              Thanks, I appreciate the advice, I ll hold off on the grand jury until this is resolved.  In this instance, it will be a trial de novo, everything starts over
              Message 6 of 9 , Sep 22, 2008
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                Thanks, I appreciate the advice, I'll hold off on the grand jury until this is resolved.  In this instance, it will be a trial de novo, everything starts over at zero.  However in this case, I should have (theoretically) a better chance to prove the judge ignored the law.  My motion to dismiss was vast and extensive in facts of law and precedent, it left no wiggle room.  The only way it could be denied is by another corrupt judge, which is in the realm of possibility.  If that is the case, then I can easily take that "error" to the court of appeals, which doesn't play around and has already ruled (and set precedent) that an oath of office is required.  If it makes it that far, then statewide precedent will be set again, and every case this prosecutor has ever handled will be null and void.  That will be my victory.

                ---
                On Sat, 9/20/08, tthor.geo <tthor.geo@...> wrote:

                I do not know how Texas 'courts' are structured.

                IF California is any indication, the first 'court [trial level] ONLY
                is conducted to establish the FACTS of the case. The appellate level
                is where one 'argues' the law as applied to those facts [a step most
                *pro pers* ignore/forego] . The appellate level is also where you can
                establish precedent [help for others in a similar situation]. You
                need to start researching the Rules for Appeals [probably in your
                State-level Rules of Court].

                Your planned expedition to the Grand Jury is way premature [and will
                be viewed as 'vindictive/ 'vexatious' ; guess who honchos the grand
                Jury?] until you have established [at the appellate level] that the
                judge actually did something illegal [not just error(s) of
                judgment/law] .

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